Small print and small screens

By Neil Hawley

The small print for apps is normally broken down into two separate sets of terms — the end-user licence agreement and the privacy policy.

These essentially form a contract between the app user and the app provider, limit the app provider’s liability and also provide a mechanism for compliance with data protection law. In this article, we look at the importance of each of these sets of terms and the practical and legal challenges of delivering them on a small screen.

The UK’s Data Protection Act 1998 provides that, in many cases, the processing of personal data will require the consent of the data subject. ‘Processing’ is very widely defined to include disclosing as well as obtaining, holding and using data. Data controllers may process data without consent in certain circumstances (such as where the processing is necessary for the performance of a contract with the data subject). However, the ‘consent’ route is generally considered to be the safest way to justify the processing of personal data…

Click on the link below to read the rest of the Taylor Wessing briefing.

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